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Thread: Help wanted please

  1. #1

    Help wanted please

    Hello all, I am new here and would really appreciate if anyone here can help me out with some advice,huge thanks in advance. I am European national who has been leaving in UK for about 11years, haven't left the country at all in the last 5 to 6 years, have been claiming JSA before without problems,Hrt was done before on numerous occasions without fail, however due to serious health problems been advised to go on to the ESA, which was fine with them for the last six months, however had phone call saying I need to complete something called e-HRT , which was done on the same day,received a phone call saying my e-HRT was failed and my claim has been stopped. I am really upset and confused, and cannot understand what happened. Appield against the decision yesterday. Has anyone came across anything similar, any help would be really appreciated.

  2. #2
    Senior Member
    Join Date
    Mar 2011
    Hi I don't have any info about your situation hopefully someone will come on who can help you but in the meantime my advice would go to citizens advice bureau they should be able to give you some help good luck

  3. #3
    Senior Member Lighttouch's Avatar
    Join Date
    Mar 2011
    Recently returned to the UK

    You may be able to get income-based JSA if you can prove you’ve been living in the UK, the Isle of Man, the Republic of Ireland or the Channel Islands for 3 months before you claim, and you’re either:

  4. #4
    Senior Member
    Join Date
    Aug 2013
    I'm not sure that you'll get the advice that you need on this forum you could try the CAB here:

    also 'Turn2us' has a section on the Habitual Residence Test here:
    Caring is an art not a science

  5. #5
    Hello all, thanks ever so much for all your help. I am still finding it difficult to understand what has happened, claimed Income based ESA for six months with no problems at all, had my medical assessment day too but that was cancelled by the assessment receptionist- one hour before the appointment as she said they were to busy and will rearrange the appointment at a later date, then I receive a text saying that I need HRT ( which was completed on the same day with all the supporting evidence),however I have received the phone call the next morning that my HRT has failed so my claim has been suspended, so I am totally confused as to what is happening, been told to make a new claim?????????????

  6. #6
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    West Cumbria (Lake District)
    Without having the reason why your HRT has been refused it is hard to give any meaningful help.

    You should be getting a letter explaining why this has happened.

    However I believe this may have something to do with new rules that came in in February which mean that EEA nationals who have an existing claim for Income Based Jobseekers Allowance now have to also prove that they have a 'Genuine Prospect of Work' (GPoW).

    Whether some variation of this also applies to ESA or whether they have made a mistake I am not sure.
    It could just be that if claiming ESA you do not have a GPoW? So you can't claim jobseekers?
    That doesn't realy make sense as you would not be claiming jobseekers anyway, but its not hard to confuse some of the people at the DWP.

    You realy need to get in touch with them tomorrow and find out just why your claim has been stopped or suspended.

    You also need to clarify that point - is it stopped or is it suspended - you say both in your posts.
    It is a big difference,
    Stopped means just that - they have ended the claim.
    Suspended means 'put on hold' - they have not ended the claim but are witholding payment while they check something or wait for an answer from you.

    Once you have the actual reason why your e-HRT has been refused you will have a better idea of how to proceed.
    Last edited by nukecad; 12-07-15 at 14:27.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  7. #7
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    West Cumbria (Lake District)
    I've now done a bit of searching I have found these with regard to EEA nationals and six months on ESA:

    Jobseekers can only claim Jobseeker’s Allowance – income-based (JSA (IB)), and even then only for 6
    months unless they can pass the test of ‘compelling evidence that they have a genuine prospect of work’
    to be given an extension. It appears that extensions are likely to be short e.g. a matter of weeks.

    Employment and Support Allowance (ESA) is an inactive benefit and cannot be claimed by an individual
    unless they are a worker who is temporarily unable to work. People who are employed for at least one year in
    the UK but become subject to temporary illness or incapacity can retain worker status and claim ESA for a six
    month period. The same applies to people who are self-employed.
    If a person loses their job involuntarily and is
    registered as a jobseeker at a Jobcentre Plus
    and actively seeking work, they will retain
    ‘Worker’ status and, therefore, their
    entitlement to JSA (IB) and HB.

    ‘Worker’ status can also be retained where a
    person is temporarily unable to work as a
    consequence of accident or illness. However,
    the person will only be able to retain their
    ‘Worker’ status for a period of six months.

    If a person is unable to find work after six
    months (and is unable to provide compelling
    evidence as to the probability of them finding
    work) they will lose their status as a ‘Worker’.
    Quotes from this link

    Other documents I have found, including MP's briefing notes, say the same.

    These indicate that once you made your claim for ESA you set a process in motion that would result in you losing your 'Worker' status (and thus your right to benefits, and probably your 'right to reside') after six months.

    Seems unfair to me.

    This is looking like a situation where you are definitely going to need the help of someone who is well versed in imigration law as it applies to benefit claimants.
    Try contacting your local CAB or council welfare officer as a first step.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  8. #8
    Yet again, massive thank you to all for your help and advice, will be seeking advice from local legal service as well as CAB

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